What is the ruling on a woman whose husband agreed with her to divorce her if he did not return by a specified date? Is this an irrevocable divorce (baynunah sughra) or a revocable divorce (raj'i)? And does the husband have the right to take her back after the agreed-upon period has passed?

The ruling on this matter is divided into two cases:

1. If the husband made his wife’s divorce contingent upon the expiry of a period and his non-return: The woman is divorced immediately upon the expiry of the period without the husband’s return. This falls under conditional divorce. 2. If he intended to give his wife the option of divorce after the expiry of the period: The matter reverts to the woman; she has the choice to remain or to divorce. In both cases (contingency and option): The divorce is revocable if it is the first or second [divorce], and the husband may take back his wife as long as she is within her waiting period (iddah). However, if the iddah ends, he is considered a suitor. When the woman chooses divorce: Scholars differed on the type of divorce: One revocable divorce: This is the view of Umar, Ibn Masud, Ibn Abbas, Umar ibn Abd al-Aziz, Al-Thawri, Al-Shafii, and others. One irrevocable divorce: This is the view of Ali, Abu Hanifah, and his companions. Three divorces: This is the view of Zayd ibn Thabit, Al-Hasan, Malik, and Al-Layth (with a detailed explanation from Malik regarding the unconsummated marriage). Ibn Juzayy al-Kalbi: Is of the view that if the woman, when given the option, chooses separation, her divorce is by three [talāqs]. If she chooses one or two, she does not have that right, and her option is forfeited, unless the husband specifically gives her the option of one or two talāqs.